Mississippi Sexual Abuse Lawyer Representing Victims

Sexual abuse is an incredibly personal and difficult situation.  Our attorneys help victims understand what happened to them and what legal rights they have to pursue justice, then we fight for them.

We can help you report the abuse, approach the authorities, press charges, and ultimately file a civil lawsuit for your sexual abuse.  We can fight to make the defendant pay for the harm they caused you – literally – along with any institutions that might have helped them or allowed the abuse to occur.

Contact our sexual abuse attorneys representing victims today at The Law Office of Andrew Shubin at (814) 826-3586.

What Constitutes a Sexual Abuse Claim?

Most injury cases are not based on accusations of intentional harm, but rather accidental harm.  Assault and battery claims are based on intentional injury, though.  At its core, that is all that a sexual abuse lawsuit is: a claim for assault and battery.

Assault is a tort filed when the defendant intentionally puts the victim in fear of imminent bodily injury.  This would include something like approaching someone to strike them, but it also includes coming at them to sexually abuse or inappropriate touch them.

Battery is the completed act of actually touching someone, on purpose, in a harmful or offensive way.  There is no requirement about the kind of conduct involved, and it can be violent, over or under the clothes, penetrative or not.  It would still qualify as battery.

When Can I File My Claim in Mississippi?

Most injury cases must be filed within 3 years of the date they happened.  This rule applies to sexual abuse claims, but there are some caveats to understand.

Adults must follow this rule with little to no exceptions available.  However, children get a special extension that does not start the 3-year clock until they reach the age of majority.

In Mississippi, unlike most states, that is 21 instead of 18.  That means you get until age 24 to file your case if you were abused as a minor.

Do I Have a Case?

It is impossible to determine whether or not you have a case without examining the facts of what happened.  If you meet the elements discussed above for assault and battery, you do typically meet the legal burden – and if you file on time, as discussed above, then your case is timely.

However, there are a few hang-ups that can halt a case in its tracks.

The first is lacking evidence.  In cases where the only witnesses are you and the defendant, you can still succeed.  Especially if you have injuries corresponding to your claim, “he said/she said” cases are not as bleak as one might expect based on stereotyping.  Juries are often very sympathetic to the victim and may believe everything.

The second is dubious consent.  The offensive or injuries touching involved in a battery claim must be nonconsensual, and juries are not always very clear on what is and is not consensual.  In cases of forcible rape or sexual abuse involving a minor, there is clearly no consent, but cases involving dating partners or spouses can be harder to prove.

In any case, you should review your claim with our sexual abuse lawyers representing victims.  Never assume on your own that your case is hopeless.

What Damages Can I Receive?

Damages can be paid in a sexual abuse case for any of the following issues, along with any other incidental expenses related to the abuse:

Medical Care

Rape and sexual assault can be physically traumatic and you may need treatment for injuries.  Especially if the abuse involved physical abuse as well, you can get compensation for any and all care you need.

Mental Health Care

Along with the physical wounds, the mental and emotional wounds of sexual abuse often take years to properly heal.  Ongoing therapy needs, psychiatric treatment, and more can all be covered.

Lost Earnings

Physical injuries and abuse resulting in mental and emotional harm can often involve PTSD or other mental health problems.  If these were attributed to the sexual abuse, and they now keep you from working, you can sue for your lost earnings, too.

Emotional Distress

One of the core damages you need to consider in your case is the massive impact sexual abuse has on a person’s mental and emotional state.  Aside from the cost of treatment for your mental health, you can get direct damages for your pain and suffering, emotional distress, and more.

These damages are ultimately capped at $1 million.

Punitive Damages

Sometimes abusers and other parties responsible for recklessness or intentional injuries can be held liable for additional damages.  In Mississippi, there are damage caps set based on the defendant’s economic net worth.

Can I Sue a School, Camp, or Church for Sexual Abuse?

In many cases, you can reach beyond the individual abuser to sue the church, school, camp, or other institution behind them.

These institutions can be held liable in their role as the abuser’s employer if the abuse happened within the scope of their job.  For example, a coach for school sports abusing a player in the locker room during practice would be doing so within their role as coach, making it the school’s responsibility.

Many institutions even hide abuse, actively participating in causing the added risks.  They may be liable for negligent hiring or retention if they allowed an unsafe person to be around children.

Institutions can also be liable for unsafe areas in what is called a negligent security claim.

How Can a Lawyer Help Me?

Our attorneys can assess your case, help you gather evidence, explain your options to you, and then fight for you.  We can negotiate settlements and, when needed, stand up for you in court to get you damages at trial.

Call Our Sexual Abuse Lawyer Representing Victims in Mississippi

For a free case evaluation with our sexual abuse attorney representing victims, call The Law Office of Andrew Shubin at (814) 826-3586.